G.R. No.

L-57062 January 24, 1992

MARIA DEL ROSARIO MARIATEGUI, ET AL.,

vs.
HON. COURT OF APPEALS, JACINTO MARIATEGUI, JULIAN MARIATEGUI and PAULINA MARIATEGUI

PROCEDURAL HISTORY

A petition for review on certiorari of the decision of the Court of Appeals dated December 24, 11980 in
CA-G.R. No. 61841, entitled "Jacinto Mariategui, et al. v. Maria del Rosario Mariategui, et al.," reversing
the judgment of the then Court of First Instance of Rizal, Branch VIII at Pasig, Metro Manila.

STATEMENT OF FACTS

Lupo Mariategui contracted three marriages. He married his first wife, Eusebia Montellano, who died
on November 8, 1904, whom he had four children namely, Baldomera, Maria del Rosario, Urbana and
Ireneo. With his second wife, Flaviana Montellano, he had one daughter named Cresenciana. And in
1930, he got married to Felipa Velasco (third wife) and got three children namely: Jacinto, Julian, and
Paulina.

At the time of his death, Lupo Mariategui left a certain properties which he acquired when he was still
unmarried. He died without a will. On December 2, 1967, Lupos descendants by his first and second
marriages executed a deed of extrajudicial partition whereby they adjucated unto themselves Lot. No.
163 of the Muntinlupa Estate, thus, became a subject of a voluntary registration and a decree ordering
the registration was ordered.

On April 23, 1973, Lupo's children by his third marriage with Felipa Velasco (Jacinto, Julian and Paulina)
filed with the lower court an amended complaint claiming that Lot No. 163 together with Lots Nos. 669,
1346 and 154 were owned by their common father, Lupo Mariategui, and that, with the adjudication of
Lot No. 163 to their co-heirs, they (children of the third marriage) were deprived of their respective
shares in the lots. Plaintiffs pray for partition of the estate of their deceased father and annulment of
the deed of extrajudicial partition dated December 2, 1967.

ISSSUE

Whether or not the children from the 3rd marriage were able to prove their successional right over said
estate

ANSWER

Yes. It was decided that the respondents are legitimate children of the deceased and are entitled to
equal shares of the estate.
REASON

Based on the declaration communicated by Lupo Mariategui to Jacinto, that he (LUpo) and Felipa
Velasco got married before a Justice of the Peace of Taguig, Rizal. They lived together as husband and
wife and known to the community as such. Even though, no marriage certificate was introduced as well
as no evidence was offered to negate these facts. Furthermore, non-existence of the marriage record
does not nullify the marriage, provided all requisites for its validity are present.

Under these circumstances, a marriage may be presumed to have taken place between Lupo and Felipa.
The laws presume that a man and a woman, deporting themselves as husband and wife, have entered
into a lawful contract of marriage; that a child born in lawful wedlock, there being no divorce, absolute
or from bed and board is legitimate; and that things have happened according to the ordinary course of
nature and the ordinary habits of life.

Article 172 of the said Code provides that the filiation of legitimate children may be established by the
record of birth appearing in the civil register or a final judgment or by the open and continuous
possession of the status of a legitimate child.

Evidence on record proves the legitimate filiation of the private respondents. Jacinto's birth certificate is
a record of birth referred to in the said article. Again, no evidence which tends to disprove facts
contained therein was adduced before the lower court. In the case of the two other private
respondents, Julian and Paulina, they may not have presented in evidence any of the documents
required by Article 172 but they continuously enjoyed the status of children of Lupo Mariategui in the
same manner as their brother Jacinto.

HOLDING

The petition is denied and the decision of the Court of Appeals dated December 24, 1980 is affirmed,
declaring all the children and descendants of Lupo Maritegui and entitled to equal shares in the estate
of, directing the adjudicatees in the extrajudicial partition of real properties who eventually acquired
transfer certificates of title thereto, to execute deeds of reconveyance in favor, and for the shares, of
Jacinto, Julian and Paulina provided rights of innocent third persons are not prejudiced otherwise the
said adjudicatees shall reimburse the said heirs the fair market value of their shares; and directing all the
parties to submit to the lower court a project of partition in the net estate of Lupo Mariategui after
payment of taxes, other government charges and outstanding legal obligations.